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United States v. Real Property Located at 19650 Road 232

United States District Court, Ninth Circuit

August 26, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
REAL PROPERTY LOCATED AT 19650 ROAD 232, STRATHMORE, CALIFORNIA, TULARE COUNTY APN: XXX-XXX-XXX, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, Defendant.

BENJAMIN B. WAGNER United States Attorney, HEATHER MARDEL JONES, Assistant United States Attorney, United States Courthouse, Fresno, California Attorneys for the United States.

DEFAULT JUDGMENT AND FINAL JUDGMENT OF FORFEITURE

ANTHONY W. ISHII, District Judge.

This matter is before the Court on Plaintiff United States' Ex Parte Motion to Strike the Claim of Luz Villalvazo and for Default Judgment and Final Judgment of Forfeiture, filed February 8, 2013. The Magistrate Judge has recommended that the United States' Motion to Strike and for Default Judgment be GRANTED. The time for objecting to the Findings and Recommendations Granting the United States' Motion to Strike the Claim and Answer of Luz Villalvazo, and Recommending that the United States' Motion for Default Judgment be Granted [ECF No. 52] has passed and no timely objections have been filed. An Order Adopting Findings and Recommendations was filed on August 16, 2013 [ECF No. 53]. Based on the Magistrate Judge's Findings and Recommendations Granting the United States' Motion to Strike the Claim and Answer of Luz Villalvazo, and Recommending that the United States' Motion for Default Judgment be Granted [ECF No. 52], the Order Adopting Findings and Recommendations [ECF No. 53], and the files and records of the Court, it is

ORDERED AND DECREED:

1. After a de novo review, the Court adopts the Magistrate Judge's July 15, 2013, Findings and Recommendations Granting the United States' Motion to Strike the Claim and Answer of Luz Villalvazo and Recommending that the United States' Motion for Default Judgment be GRANTED In Full.

2. The United States' Motion to Strike the Claim and Answer of Luz Elena Villalvazo is GRANTED.

3. The Clerk is hereby directed to strike the Claim of Luz Elena Villalvazo filed on November 12, 2009, and strike the Answer filed on October 29, 2011, with respect to Luz Elena Villalvazo only.

4. Luz Elena Villalvazo is hereby held in Default.

5. The Clerk is hereby directed to enter a Clerk's Entry of Default against the any right, title, or interest in the defendant property located in Tulare County, commonly known as 19650 Road 232, Strathmore, California, APN: XXX-XXX-XXX (hereafter "the defendant real property") held by Luz Elena Villalvazo.

6. A Judgment of Default is hereby entered against any right, title, or interest in the defendant real property located in Tulare County, commonly known as 19650 Road 232, Strathmore, California, APN: XXX-XXX-XXX, of Luz Elena Villalvazo and all other potential claimants who have not filed claims in this action.

7. A final judgment is hereby entered forfeiting all right, title, and interest in the defendant real property to the United States of America, to be disposed of according to law, including all right, title, and interest of Luz Elena Villalvazo, subject to the interest of Claimant Ramon Contreras as set forth in the Stipulation for Final Judgment of Forfeiture filed on April 15, 2013.

8. Title to the defendant real property shall vest solely in the name of the United States of America, subject to the interest of Claimant Ramon Contreras as set forth in the Stipulation for Final Judgment of Forfeiture filed on April 15, 2013.

9. The U.S. Marshals Service shall list the defendant real property for sale. The U.S. Marshals Service shall have sole authority to select the means of sale, including sale by internet or through a licensed real estate broker, and shall have sole authority over the marketing and sale of the defendant real property.

10. If necessary, the U.S. Marshals Service shall have the defendant real property appraised by a licensed appraiser of its choosing. The U.S. Marshals Service and the appraiser may have access to the defendant real property and structures, ...


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